What is Probate and when will you need it?

By Pamela Wardle, Legal Practitioner Director

A Grant of Probate is a process where a deceased’s Will is submitted to the Supreme Court of Queensland to be proven as the last Will of that person and that the Executors are the correct people to administer the Estate.  In Queensland, to obtain a Grant of Probate from the Court, the Executors must advertise in the Queensland Law Reporter and a local newspaper that they will be taking such action and serve a copy of that advertisement on the Public Trustee of Queensland.  This advertising has a dual purpose:

1.       it affords creditors an opportunity to notify the executors that the deceased owed money and for the debt to be repaid from the Estate before any funds are distributed to beneficiaries; and

2.       it affords others an opportunity to put the executors on notice that:

a.       the Will advertised is not the latest Will; or

b.       the Will is deficient in another way, eg the executor did not have capacity or was influenced when the Will was made.

A Grant of Probate will be required when a party notifies the executors that he or she intends to make a claim against the Estate or the Will is “attacked” in another way.

However, a Grant of Probate may be required as part of the usual administration of the Estate where there are significant funds (eg often around $50,000.00) in the Estate in bank accounts, shares etc. 

Obtaining a Grant of Probate in an Estate can be a complex and confusing process.  Please contact our office for further information in relation to Estates and the process of obtaining a Grant of Probate.